Take Action: HB21-1162
Help pass Plastic Pollution reduction Bill HB21-1162!
Plastic particles are raining down on Colorado. More than 1,000 tons of plastic particles in dust and rainwater a year have contaminated national parks including Rocky Mountain National Park. (1) Plastic bags threaten livestock and river ecosystems. Cattle and horses can swallow plastic bags causing suffocation and economic consequences for ranchers. (2) Plastic bags were also the largest source of litter found in creek cleanups in Colorado. (3)
If passed, this bill will ban the use of expanded polystyrene (Styrofoam) food packaging in retail food establishments, and prohibit some retail stores from providing single-use plastic bags for customer purchases. 1162 passed the First Reading in the Senate Chamber, then early on May 28th has passed through Senate Appropriations Committee. The Senate Amendments:
Put back in the language to strike pre-emption, allowing cities and counties to regulate plastics starting July 1, 2023
Delay banning plastic bags and polystyrene food containers to Jan. 1, 2024 (from Sept. 1, 2022).
Fee on both plastic and paper bags starts Jan. 1, 2023 (original bill began fee Sept. 1, 2021).
All schools would begin with the same dates for the ban on polystyrene Jan. 1, 2024 (the bill negotiated in the House would have phased in schools starting Jan. 1 2024).
The Second Hearing will be possibly on May 28th or Tuesday next week when we return from the holiday weekend.
Here are the significant amendments that were previousy added in the House Chamber.
L016 - changes the definition of customer such that any food business that is selling individually portioned food is exempt from the plastic bag ban, so this essentially exempts all retail food carryout from complying with the plastic bag ban portion of the Bill.
L006 Exempts retail food sales at farmer’s markets and outside road stands from complying with the plastic ban portion of the Bill. Produce and seafood bags are primary examples.
L007 Exempts Ag Feed Stores, Pet Stores from the plastic bag portion of the Bill, and includes a list of food and non-food items that when sold in bulk are exempt from the plastic bag ban.
The American Chemistry Council (ACC), which represents DuPont, ExxonMobil Chemical Company, 3M and other large producers of plastic products, has been touting that polystyrene is not toxic, so Eco-Cycle has published an educational resource as a response.
Polystyrene Health Impacts Fact Sheet
The ban on polystyrene food containers starts January 1, 2024 with the caveat that inventory purchased before that date can be used until depleted. Schools have an extended deadline. The ban on providing single-use plastic bags to customers starts September 1, 2022 with the caveat that inventory purchased before this date may be used until March 31, 2023. As of January 1, 2023, customers will be charged a 10 cent fee for each bag. 60% of these fees will be remitted to the municipality or county and 40% will be retained by the retail location.
1 https://www.denverpost.com/2020/06/11/plastic-pollution-wind-rocky-mountain-national-park/
3 https://oceanconservancy.org/wp-content/uploads/2019/09/Final-2019-ICC-Report.pdf
2 http://www.txcourts.gov/media/1441866/160748c.pdf